Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ439
ORDERMohan, J.1. An important question arising in this batch of cases is, whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act) is applicable to the Nationalised Banks and to the State Bank of Indian.2. We would first note the facts; relating to W.A. Nos. 561 and 562 of 1983. They arise out of W.P. Nos. 2013 and 2014 of 1979. W.P. No. 2013 of 1979 is for mandamus to direct the first respondent to dispose of the preliminary objection raised by the Management of Bank of India, Regional Office, Southern Region, represented by the Assistant General Manager, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1975 on the file of the Additional Commissioner for Workmen's Compensation, II, Madras, in the appeal preferred by the employee, C.V. Raman under Section 41 of the Act. W.P. No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for disposal T.S.E. Case No. 49 of 1975.3. The emp...
Tag this Judgment!Court : Chennai
Reported in : II(1992)DMC180
..... the meantime, one t. paul durai, brother of the deceased selvi resorted to the present action before this court, impleading the commissioner of police, madras; inspector of police, j-7 velachery police station, madras and c.b., c.i.d., madras respectively as respondents 1 to 3 praying for a direction to the first respondent ..... of a crime and the appellant who was the additional district magistrate (judicial) was named therein as principal accused. the offences mentioned were cognizable and the police after registering the case, started investigation. the appellant applied to the judicial magistrate for invocation of the provisions ofsection 159 cr.p.c. and for ..... sphere of activity in the field of crime detention and crime punishment. investigation of an offence is the filed exclusively reserved for the executive through the police department, the superintendence over which vests in the state government. the executive which is charged with a duty to keep vigilance over law and order .....
Tag this Judgment!Court : Chennai
Reported in : AIR1993Mad346
1. Suit for partition and separate possession.2. The plaint averments are as follows :--The 1st defendant Smt. Lakshmikan-thammal and 2nd defendant Smt. Raja-lakshmi Ammal are senior and junior widows of one late Srinivasalu Naidu who died intestate on 4-5-1980. The 3rd defendant Smt. Sarojini is the daughter of the 1st defendant Smt. Lakshmikanthammal, while 4th defendant Gajalakshmi is the eledest daughter of 2nd defendant Smt. Rajalakshmi Animal. Plaintiff Baghyavathi is her youngest daughter. Srinivasalu Naidu married the second defendant Smt. Rajalakshmi Ammal as his second wife in the year 1948. While items 1 to 3 in the plaint schedule are the self acquired properties of Srinivasalu Naidu, the shipping and clearing agent business carried, on by him as sole proprietor is described as Item 4 in the plaint schedule. The parties herein alone are legal heirs of deceased Srinivasalu Naidu. The plaintiff is entitled to 1/4th share in the said properties. Hence the suit for partition an...
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Reported in : AIR1994Mad123; (1993)IIMLJ617
..... acres in the village of kakuppam, 19 acres in erumanthangal, 16 acres in maharajapuramand 12 acres in kilparumbakkam and cultivated therein sugarcane crops. he also did building contract work for police department and road contract for highways department. he was also a railway contractor. as per the terms of ex. a. 1 partition deed the mother of the appellant was in ..... of these contract works. but admittedly he did these works prior to 1932. later on he changed his stand and deposed that he did a number of contract works in police department and highways department subsequent to 1932. he was getting annually rs. 8,000/- to rs. 10,000/- from those works. for about 6 or 7 years from 1944 he .....
Tag this Judgment!Court : Chennai
Reported in : (1993)2MLJ617
..... in the village of kakupparm, 19 acres in erumanthangal, 16 acres in maharajapuram and 12 acres in kilpe-rumbakkam cultivated therein sugarcane crops. he also did building contract work for police department and road contract for highways department. he was also a railway contractor. as per the terms of ex.a-1 partition deed the mother of the appellant was in ..... of these contract works. but admittedly he did these works prior to 1932. later on he changes his stand and deposes that he did a number of contract works in police department and highways department subsequent to 1932. he was getting annually rs. 8,000 to rs. 10,000 from those works. for about 6 or 7 years from 1944 he .....
Tag this Judgment!Court : Chennai
Reported in : (1995)IIMLJ367
ORDERSrinivasan, J. 1. Broadly stated, two contentions are mainly urged in this batch of writ petitions, one relating to the validity of some of the provisions of the Consumer Protection Act, 1986 (Act No. 68 of 1986), (hereinafter called 'the Act'), and the other relating to the applicability of the Act to imparting of education and matters connected therewith. It is only in W.P. No. 6447 of 1993, a prayer is made for declaration that Sections 10(1)(b) and (c), 13(3), (4) and (5), 14(1)(c), 16(1)(b), 20(1)(b) and 27 and other provisions of the Act as unconstitutional, ultra vires and unenforceable. In all the other Writ Petitions the prayer is for either issue of Writ of Prohibition prohibiting the Consumer Forum from dealing with the specified complaint or for issue of a Writ of Certiorari to call for the records and quash the orders passed by the Consumer Forum on specified complaints. 2. The petitions can be classified into three groups :- A. Writ Petitions filed by Educational Ins...
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ367
Srinivasan, J.1. Broadly stated, two contentions are mainly urged in this batch of writ petitions, one relating to the validity of some of the provisions of the Consumer Protection Act, 1986 (Act No. 68 of 1986), (hereinafter called 'the Act') and the other relating to the applicability of the Act to imparting of education and matters connected therewith. It is only in W.P. No. 6447 of 1993 a prayer is made for declaration that Sections 10(1)(b) and (c), 13(3), (4) and (5), 14(1)(c), 16(1)(b), 20(1)(b)) and 27 and other provisions of the Act as unconstitutional, ultra vires and unenforceable. In all the other writ petitions the prayer is for either issue of writ of prohibition prohibiting the Consumer Forum from dealing with the specified complaints or for issue of a writ of certiorari to call for the records and quash the orders passed by the Consumer Forum on specified complaints.2. The petitions can be classified into three Groups:A. Writ Petitions filed by Educational Institutions:...
Tag this Judgment!Court : Chennai
Reported in : [1998]233ITR294(Mad)
..... prescribed in ss. 244 to 247 of the code. to be precise, the judge has to try the case according to the procedure prescribed for cases instituted otherwise than on police report.' 21. the case law decided by my learned brother arunachalam j. in s.a.r. somasundaram vs. cit : [1992]197itr26(mad) , is also relevant to be quoted in the ..... framed or not is required to be made on the basis of the record of the case, including documents and oral hearing of the accused and the prosecution or the police report, the documents sent along with it and examination of the accused and after affording an opportunity to the two parties to be heard. the stage for discharge under s ..... .pc : 'a plain reading of sub-s. (1) of s. 244 of the cr.pc clearly leads to the fact that in a warrant case instituted otherwise than on a police report like the one in the instant case by the it authorities before the learned judicial magistrate, no. 1, in the context, the accused appears or is brought before him .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC247
ORDER1. The plaintiff who succeeded before the trial court and lost before the lower appellate court is the appellant in the second appeal. The suit properties are two in number. They are 1.60 acres of wet lands in R.S.No.41/6 and 0.52 acre of wet lands in R.S.No. 42/3, totally of an extent of 2.12. acres in Pavattakkudy Village, Nannilam Taluk, Nagapattinam District.2. The suit was filed on 10.5.1995 by the appellant against the respondents for a permanent injunction restraining them, their men, servants, agents, etc. from interfering with his peaceful possession and enjoyment of the suit properties or trespassing upon the same till the appellant was evicted by the competent court under due process of law.3. The material averments in the plaint are as follows:The second respondent was in possession and enjoyment of the suit properties for the past several years under some sale agreement with the five sons of one Varadarajan. Under Ex.A-1 dated, 15.5.1991 there was a lease agreement en...
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